Local Authority round-up 25/10/19
25th October, 2019
Our Local Authority round up provides brief summaries of topical information on a weekly basis, to keep you aware of the changes and updates relevant to you.
Brexit
EU (Withdrawal Agreement) Bill introduced
Following an agreement between the UK and the EU, the Government has now introduced the EU (Withdrawal Agreement) Bill (WAB) which is required to ratify the Withdrawal Agreement (Agreement), a draft international treaty and to implement the Agreement under domestic law. This Bill ensures that the United Kingdom is able to fulfil its international obligations, and leave the European Union with a deal.
The Bill now needs to be approved by Parliament in order to turn the Agreement into legislation. This will be required in order to deliver Brexit, with a deal, on October 31 as promised by the Prime Minister.
On Tuesday 22 October the Bill passed its Second Reading with a majority vote but the Government then lost a critical vote over the timetable of the Bill and the Programme Motion was not passed. The Bill is therefore currently awaiting a decision on future consideration. Meeting the 31 October deadline is now difficult, such an important piece of legislation would usually require weeks of scrutiny, although just how long is required is the subject of some debate as much of the agreement has been reviewed under Theresa May’s deal.
Boris Johnson has sent a letter requesting an extension from the EU (as required under the Benn Act) which the EU is currently considering. If an extension is not granted and the Government fails to get the Bill passed then the UK will leave the EU without a deal on 31 October.
The Bill covers all agreed aspects of the UK’s departure from the EU. This includes ending annual payments to Brussels but setting out exactly how the UK will make “divorce bill” payments for years to come. It repeals the European Communities Act, which took the UK into the EU, but then reinstates it immediately for as long as a post-Brexit transition period lasts. It contains details on how a new protocol on Ireland – setting up a customs and regulatory border between Northern Ireland and Great Britain – will work in practice. An accompanying impact assessment lays out some of the costs and bureaucracy that companies doing business in Northern Ireland will face. It sets out areas in which the European Court of Justice still plays a role in the UK, and makes the Withdrawal Agreement in some respects “supreme” over other areas of UK law. It suggests that if the Government doesn’t ask for an extension of the transition period beyond the end of 2020, Parliament won’t have a say in changing that, even if a free trade deal isn’t ready in time. It will protect the integrity of the UK as it leaves the EU, without the need for the backstop whilst also protecting the rights of EU, EEA and Swiss citizens under UK law, so that they can continue to live, study and work in the UK. It also sets up an independent monitoring authority with which EU nationals in the UK can lodge any complaints about the way the Government treats them. It will also secure an implementation period to give businesses continuity and greater certainty as they prepare for the change in relationship we will have with the EU.
For more information please click here.
Court of Session delays decision
The Court of Session has delayed its decision following an application on whether the Prime Minister has fully complied with a law requiring him to ask for a Brexit extension. Boris Johnson sent an unsigned letter to Brussels asking for a delay, along with a signed letter saying he believed that doing so would be a mistake which, the applicant’s lawyer, Aidan O’Neill QC, described as “unusual.” The UK Government argued that this fulfilled its legal obligations under the Benn Act. David Johnston QC, representing the UK Government, argued that the appeal should be dismissed as the letter had been sent. The Court of Session have refused to dismiss the action and have continued the hearing to a later date with Lord Carloway saying the case should be continued until it was clear that the obligations under the legislation had been “complied with in full.”
For more information please click here.
Commons Speaker refuses MP vote
Following MPs voting on Saturday to withhold approval of the Brexit deal until it was passed into law, Commons speaker, John Bercow refused a request from the Government to hold a “yes” or “no” vote on the Brexit deal as to do so would be “repetitive and disorderly.” MPs chose to withhold approval and back an amendment tabled by Sir Oliver Letwin, which said that could not happen until all necessary Brexit legislation was passed. The Withdrawal Agreement Bill will have to go through full Parliamentary scrutiny in the Commons and the Lords before it is passed.
For more information please click here.
Boris Johnson calls for general election if Brexit extension is granted
Boris Johnson “paused” the Brexit Bill this week after MPs rejected his plan to fast track it through Parliament in three days. He has been forced to send a letter to the EU requesting a three month extension to the Brexit deadline. No.10 has now said that he will push for a general election if the EU agrees to delay Brexit by the three month extension until January, however he would need the backing of Parliament and opposition MPs have previously ruled out holding a general election until after the 31 October deadline and a no-deal Brexit was ruled out altogether. The EU will now consider the request and whether to grant the delay and also what length the extension should be if granted at all.
For more information please click here.
Scottish and Welsh First Ministers back general election
Following their opposition of Boris Johnson’s fast track Brexit plans, Nicola Sturgeon and Mark Drakeford have both said they would back a general election, but they would first need to see the details of any Brexit extension to ensure that there is no risk of a no-deal Brexit. They agreed that there needed to be adequate time to scrutinise the Withdrawal Agreement Bill. Nicola Sturgeon said “I want to see a general election. I would be very happy to see that general election before Christmas but the circumstances of that have to be such that it doesn’t open the risk of a no-deal Brexit. And I think all responsible opposition MPs who want to see an election have a duty to make sure that that is the case.”
For more information please click here.
Commercial
Council seeks further Government funding
Following a collaboration between councils in Barrow, South Lakeland, and Lancaster, to get the Morecambe Bay area recognised as an economic region to submit a multi-million bid for Growth Deal funding, Barrow Council are now looking to meet with ministers to seek additional funding from the Government. Barrow Council are also building a business case to apply for money from the Governments Future High Streets Fund to develop the town centre as well as a bid to get funding from Historic England’s Heritage Action Zone fund to help restore significant properties in Duke Street.
For more information please click here.
Council funds small businesses
Cheltenham Borough Council has become the first local authority to partner with business-to-business provider FOLK2FOLK which matches companies seeking finance with investors looking for a return. Under the programme Cheltenham Borough Council will invest money in local firms to provide them with finance to support their ability to grow whilst also enabling then to add directly to the local economy. Councillor Rowena Hay said “By partnering with FOLK2FOLK, we will be able to help local small businesses access finance to support their growth as well as continuing to help the council in its journey to become financially sustainable in this time of ever increasing Government funding cuts… This approach has helped the council manage the impact following the loss of £6.8m funding since 2010.”
For more information please click here.
Regulatory
Whitehall confirms plans to end ‘postcode lottery’ for abuse survivors
Local government secretary, Robert Jenrick has confirmed plans which were outlined in the Queen’s speech to amend the Domestic Abuse Bill to include a statutory duty for councils to provide support to survivors of domestic abuse which will come into force in 2021. Survivors of domestic abuse will now be provided with essential, life-saving support in safe accommodation and councils will also be required to develop and publish strategies which set out in detail the range of support services available for those fleeing violent relationships – including refuge accommodation and specialist support from safety through to independence. Robert Jenrick MP, said “This duty upon councils will now be brought forward – ensuring survivors get the help they need wherever they are, so they can rebuild their lives away from the threat of abuse.” There are also plans for a further £15 million for refuges and safe accommodation projects in 2020 and 2021.
For more information please click here.
Council to develop workplace parking levy
Birmingham City Council have agreed a report and now approved further investigation into developing a workplace parking levy scheme for the city which would charge employers who provide parking for staff in order to generate funds for other transport projects. Waseem Zaffar, cabinet member for transport and environment, said “A workplace parking levy would help tackle air pollution, fund public transport improvements, reduce congestion and improve the way we move around our city.” The proposed charge is £500 per space per year which would generate an estimate £5.6 million in the first year. The cost of the proposed scheme is an estimated £0.915m and would take three years to implement.
For more information please click here.
Planning and housing
Rough Sleeping grant of £1.9 million announced
Funding has been awarded to six projects to test models that improve access to health services for people with both mental ill health and drug and alcohol dependency needs. The grant of £1.9 million, involving partnerships between councils and Clinical Commissioning Groups has been awarded to projects based in Lambeth, Newcastle, Westminster, West Sussex, Portsmouth and Leeds which are expected to launch in February and run for twelve months. The projects will test and evaluate models that improve access to health services for people who have both mental ill health and drug and alcohol dependency needs, who are currently experiencing, or at risk of returning to, rough sleeping. Learnings from these projects will help to inform national policy and local commissioning of health and support services.
For more information please click here.
Council want to double council tax for second homeowners
Swansea Council are keen to double council tax for second homeowners as well as doubling council tax for owners of properties which have been empty for more than 12 months. The new premiums are expected to raise around £2.8 million per year which the council would use to help reduce the council house waiting list. Council leader Rob Stewart said the council’s aim was “to encourage more properties to be brought back into use for the benefit of local people looking for a decent place to live.” A survey found that 70% of respondents were against any second home council premium and 76% disagreed with doubling the charge. A decision is expected to be made on 24 October.
For more information please click here.
Upcoming seminars
As you may well know we run a programme of seminars on a wide range of topics. Listed below are those seminars coming up which we feel may be of interest to you. Please click on the links for further information and to book your place. You can see our full programme of upcoming events by clicking here.
Public Sector Property update
Our legal experts will ensure you are kept up-to-date with the latest developments and changes affecting property, land and estates in the Public Sector.
Thursday 21st November (Newcastle)
HR and employment law update
Hear from Ward Hadaway’s employment specialists who will ensure that you are kept up-to-date with the latest developments in employment law.
Thursday 28th November (Middlesbrough)
Annual procurement law update 2019
These seminars are designed to provide you with a unique opportunity to hear first-hand from our leading procurement experts who will share their thoughts on the most topical issues of the moment.
Thursday 28th November (PM) (Newcastle)
If you have any questions about the issues raised in this update, please do not hesitate to get in touch.
Please note that this briefing is designed to be informative, not advisory and represents our understanding of English law and practice as at the date indicated. We would always recommend that you should seek specific guidance on any particular legal issue.
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